1.4. Appeal Indicators: Regular Procedure: Appeal 1. Does the law provide for an appeal against the first instance decision in the regular procedure? Yes No ❖ If yes, is it Judicial Administrative ❖ If yes, is it automatically suspensive Yes Some grounds No 2. Average processing time for the appeal body to make a decision: Varies 1.4.1. Administrative review Since the entry into force of the IPA on 1 January 2020, the Independent Appeals Committees are the sole administrative bodies competent for the examination of appeals lodged against first instance asylum decisions. Establishment and Composition of the Independent Appeals Committees of the Appeals Authority The legal basis for the establishment of the Appeals Authority was amended several times in recent years and has been further amended by the IPA. 258 More precisely and following an amendment in 2016, the composition of the Appeals Authorities consisted of the participation of two active Administrative Judges in the new three-member Appeals Committees (Ανεξάρτητες Αρχές Προσφυγών) and a third member, holding a university degree in Law, Political or Social Sciences or Humanities with specialisation and experience the fields of international protection, human rights or international or administrative law. 259 According to the amendment introduced by the IPA, the three-member Appeals Committees are composed by three active Administrative Judges of First Instance Administrative Courts and Administrative Courts of Appeal. Moreover, a single member/Judge Committee has been introduced. 260 These amendments have been highly criticised and issues of unconstitutionality have been raised due to the composition of the Committees exclusively by active Administrative Judged inter alia by the Union of Administrative Judges,261 and the Union of Bar Associations.262 An Application for Annulment with regards inter alia the compliance with the Greek Constitution of the single member/Judge Appeals Committee was filed by GCR before the Council of State in 2020. The hearing has been set for 28 March 2023. GCR is aware of at least two occasions of postponement of a hearing of an annulment case before the First Instance Administrative Court, pending a decision by the Council of State. Moreover, and as mentioned above, Appeals Committees are composed of active Administrative Judges of both First Instance and Appeal Administrative Courts. However, and following the entry into force of the IPA, the responsibility for judicial review of the second instance decisions issued by the Appeals Committees has been attributed to the First Instance Administrative Courts and thus further issues of constitutionality may occur. In October 2020, the Council of State triggered its pilot procedure upon referral of three cases from the Administrative Court of Athens, supported by the RSA, with a view to adjudicating on the constitutionality of the competence of Administrative Courts to judicially review decisions of the Appeals Committees, given that decisions of the second instance decisions on asylum applications may 258 259 260 261 262 More precisely, it was amended twice in 2016 by L 4375/2016 in April 2016 and L 4399/2016 in June 2016, in 2017 by L 4461/2017 and in 2018 by L 4540/2018; see AIDA Report on Greece, update 2019 Art. 5 L. 4375/2016 as amended; the third member is appointed by UNHCR or the National Commissioner for Human Rights if UNHCR is unable to appoint one. If both are unable, the (now) Minister for Migration Policy appoints one. Article 116(2) and (7) IPA. Union of Administrative Judges, Υπόμνημα Ενόψει της συζήτησης του σχεδίου νόμου του Υπουργείου Προστασίας του Πολίτη «Περί Διεθνούς Προστασίας και άλλες διατάξεις», 30 October 2019, available in Greek at: https://bit.ly/376ZGXW, para 8. Union of Bar Associations, ‘Επιστολή του Προέδρου της Ολομέλειας των Δικηγορικών Συλλόγων προς τον Υπουργό Προστασίας του Πολίτη για το σχέδιο νόμου για τη Διεθνή Προστασία’, 25 October 2019, available in Greek at: https://bit.ly/32KGSKL. 62